South Carolina has one of the shorter deadlines in the country for debt lawsuits. For most debts, a creditor has three years to sue [1]. But the state is also strict about restarting that clock: under South Carolina law, any partial payment counts the same as a written promise to pay [2].
At a glance
- Most debts (contracts, written or implied)
- 3 years [1]
- Promissory note payable at a set time
- 6 years [4]
- Contract for the sale of goods
- 6 years [3]
- Judgment lien on real estate
- 10 years [5]
- Credit report
- About 7 years from first delinquency, separately [6]
| Type of debt | Deadline | Law |
|---|---|---|
| Contract, obligation or liability, express or implied | 3 years | S.C. Code § 15-3-530(1) |
| Note payable at a definite time | 6 years after the due date | S.C. Code § 36-3-118(a) |
| Contract for the sale of goods | 6 years | S.C. Code § 36-2-725 |
| Written contract secured by a mortgage on real estate | 20 years | S.C. Code § 15-3-520(a) |
| Judgment lien on real estate | 10 years from the judgment | S.C. Code § 15-35-810 |
Three years for most debts
South Carolina’s general rule covers “an action upon a contract, obligation, or liability, express or implied” [1]. Most consumer accounts, like credit cards, store cards and medical bills, rest on a contract or an implied promise to pay, so the usual deadline is three years [1]. A loan signed as a promissory note can be different (see below).
Unlike some states, South Carolina doesn’t give written contracts a longer period than oral ones. The three-year rule applies either way [1].
When the limit is longer
- Promissory notes. A suit on a note payable at a definite time must be brought within six years after the due date, or after an accelerated due date if the lender called the whole loan due [4].
- Sales of goods. A breach of a contract for the sale of goods has a six-year limit [3]. Whether a particular account counts as a sale of goods can be a legal question; ask a lawyer if a creditor relies on it.
- Mortgage-secured contracts. A written contract secured by a mortgage of real property has twenty years [1].
When you’ve lived out of state
If you were out of South Carolina when the debt came due, or you later moved away for a year or more, the time you were gone may not count toward the deadline [1]. People who move often should keep that in mind when counting.
What can restart the clock
South Carolina law is unusually direct about this. A promise or acknowledgment restarts the period only if it’s in writing and signed by you [2]. But “payment of any part of principal or interest is equivalent to a promise in writing” [2]. In other words, a small payment on an old account can give the creditor a new period to sue.
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Debt collectors can still contact you, but they can’t sue or threaten to sue you over it [7].
The deadline isn’t automatic in court. If you’re sued on an old debt, it’s up to you to raise the statute of limitations as a defense [7]. In magistrates court, that means answering within 30 days of being served and coming to the trial. If you don’t answer, the court can enter a default judgment.
Judgments last longer
Once a creditor wins, the judgment has its own clock. A final judgment from a South Carolina court of record becomes a lien on the debtor’s real estate in any county where it’s recorded, and the lien lasts ten years from the date of the judgment [5]. A judgment can be collected long after the original three-year deadline would have run out.
The credit report clock is different
How long a debt shows on your credit report is set by federal law, not by South Carolina’s deadline to sue. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [6]. A debt can drop off your report while it can still be collected in court, or stay on your report after the deadline to sue has passed.
Accurate information can be reported for that whole period. If something on your report is wrong, or is still there after the reporting period ends, you can dispute it with the credit bureaus for free. For more on federal timelines, see BestAmerica’s guide to how long negative items stay on a credit report.
Where to get help
- South Carolina Legal Services: help with debt lawsuits for people who qualify by income.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [7].
- A consumer attorney: worth a call if you’re sued on an old debt or a creditor claims a longer deadline applies.
Sources
- S.C. Code Title 15, Chapter 3: Limitations of actions (§§ 15-3-30, 15-3-520, 15-3-530)
- S.C. Code § 15-3-120: Effect of new promises in writing or part payments
- S.C. Code § 36-2-725: Limitations in contracts for sale
- S.C. Code § 36-3-118: Limitations on notes
- S.C. Code § 15-35-810: Judgment liens continue for ten years
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
Common questions
What is the statute of limitations on debt in South Carolina?
Three years for most debts. South Carolina law gives three years to sue on a contract, obligation or liability, whether written or implied. Some debts have longer limits: six years for a promissory note payable at a set time or a contract for the sale of goods, and twenty years for a written contract secured by a mortgage on real estate.
Does making a payment restart the statute of limitations in South Carolina?
It can. South Carolina law says payment of any part of the principal or interest is treated the same as a written promise to pay. A signed written acknowledgment or promise can also restart the clock. Get advice before paying anything on a very old debt.
How long does a judgment last in South Carolina?
A judgment entered in a South Carolina court of record becomes a lien on the debtor's real estate in the county where it's recorded, and that lien lasts ten years from the date of the judgment.